19th September 2007

One two many

Those of us who have been involved in infertility treatments realize that it’s not a perfect science, but rather an imperfect ART (pun intended).

The docs can eyeball embryos and think they look good, transfer them, and the end result is a big fat negative on the pregnancy test.  They can toss in an “ugly” embryo or two, and voila, a plus sign.  They can transfer two embryos and the end result can be a triplet or quadruplet pregnancy.  They can transfer six embryos to an older potential mom who has tried multiple times, and end up with a singleton, or a negative.

The clients are presented with a multitude of forms to fill out.  What do you want to do with leftover sperm?  Leftover embryos?  How many embryos do you want to transfer?  Hold harmless agreements.  Pre-implantation genetic diagnosis?  And more.

Lots of those forms you fill out are to ensure that the procedure goes the way you want it.  Typically, you’re not supposed to change your mind at the last minute; while it seems simple, there are many people involved, and it’s a good idea to have the details spelled out first.

Which is why I’m not at all sympathetic to the lesbian couple in Australia who had IVF done, had signed a document saying they wanted one to two embryos transferred, and at the last minute, just prior to going under anesthetic for the transfer, said, “Hey!  We want only one embryo!” who are now suing because the end result was…gasp!…twins.

They want $400,000 to cover the expenses of raising the second child, including tuition for private school.  The lady who got preggers suffered from (gasp!) nausea…she needed to use a walking stick to walk in the later months of her pregnancy…she was perturbed because they had to buy a two-kid stroller…their love life was ruined because she has focused so much attention on two kids…

Oy.

I am rolling my eyes here.

Would this couple be suing if one embryo had been transferred and implanted, then split into identical twins?  Would the pregnant lady have been so utterly devasted by that result?

If the couple had wanted only one embryo transferred, they should have specified so from the get-go, in the forms.  A form was signed that said one to two embryos.  They had every opportunity to–at that time–specify the one-embryo transfer.  Why didn’t they?

Bah.

As someone on a board I frequent said, thank heavens the girls who resulted from this IVF aren’t identified, nor are the plaintiffs.  Imagine finding out at 16, googling your own name, that your parents sued for wrongful birth.

This whole thing seems like an attempt to milk some rich reproductive endocrinologist for some extra dollars, frankly.

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